Q: I'd like to start a homebased
business selling homemade candy. How do I find out what regulations
I have to follow?

Name withheld

A: The idea of turning your recipes
into a source of income right from your kitchen appeals to many
people. To sell your candy, check your state's laws and
regulations, because what you are permitted to do in a home kitchen
varies from state to state. You may find these regulations on your
state's Web site, or you may find contact information for the
pertinent agency. Some states bar the commercial sale of food
prepared in a residential kitchen. Others distinguish between
perishable and nonperishable food. Still other states allow food
prepared in a home kitchen if gross sales are under a specified
dollar amount. Some states distinguish between food that is sold
retail and food that is sold wholesale.

What are your alternatives if you can't get a license to
make food for sale in your home kitchen? You may be able to rent a
commercial kitchen in its off hours, such as in a church, a fire
station or a state park. Some states offer startup food businesses
the use of incubator kitchens. Once your business is producing a
positive cash flow, consider installing a commercial kitchen in
your home that will pass state and local health-code inspections.
But before spending big bucks, make sure local zoning allows
commercial kitchens in homes in your area.

Keep in mind, too, that if you want to sell food online,
you'll be limited because the FDA doesn't allow food made
in a home kitchen to be sold in interstate commerce. And some
institutional buyers, like universities, have policies stating that
no food prepared or stored in a private home may be used or sold in
their food facilities.